United Arab Emirates: Advertising In The UAE: The Legal Framework And Key Issues

Advertisements are basically a process to call for public
attention for a product or service.

It is the advertiser's duty to make the
advertisement convincing and appealing to consumers. However,
advertisers also need to be aware of the legal issues associated
with advertising and marketing in the region, It is wise to always
consult a lawyer before you proceed with development of the
advertising content to ensure that you and your brand are on the
right path.

Generally, advertisements must comply with the
relevant advertising standards and consumer protection legislation
in each jurisdiction in which they are published.

The United Arab Emirates has its own rules and
regulations specific to advertisements. Advertisements are
not regulated by a single regulation; they are regulated by
numerous laws such as the Printing and Publication law, National
Media council regulations and Cybercrime law and laws governing
consumer protection and commercial activities particularly in
relation to anti-competitive practices and illegal monopolies.

Additionally, in this region, advertisements
should be sensitive to the cultural expectations and tolerances of
the target audience in addition to the legal framework governing
the dissemination of advertising content. Producers and
advertisers will always focus on what they want to convey to the
people throughout the content of the advert – they will want
to deliver their idea in a creative way to attract attention. It is
important to remember that, whilst advertisers have freedom to be
creative, there are limits imposed by these laws and local
culture.

All companies that develop or deliver
advertising to the public need to be aware of these laws. To assist
them in this, we have developed a set of Questions and Answers that
all advertisers should ask themselves before creating an
advertisement. These provide a simple pathway to highlight
some of key issues that can arise.

Could your advertisement content offend someone
indirectly? Could the content be offensive to a particular
culture?

The answer can be complex and is particularly
subjective. Advertising may be offensive to one section of
the community but not another – for example, an advertisement
may be offensive to a particular culture or religion. It is
important to balance the value of the message against the risk of
causing offence.

Is the message in any way ambiguous or misleading?

Advertising also runs a high risk of being
considered as having misleading content. Consumers'
perspectives on the advertisements should not be disregarded
– this is not always a matter that can be determined by a
review of the laws and regulations. Past consumer behavior
should also be considered. It is also important to note that the
authorities are highly discretionary as to whether the
advertisement has violated the law and is considered either
offensive or misleading. Therefore, in the United Arab Emirates in
particular, advertisements should be sensitive to the cultural
expectations and tolerances of the target audience within the
context of the legal framework governing the dissemination of
advertising content.

Do you need the appropriate consent/ right from the copyright
owner of any of the content?

Generally speaking, producers and advertisers
must always bear in mind that, unless they developed and produced
every element of the campaign themselves, they may be infringing
another person's copyright by using music, images or clips
without a proper licence. It is important to note that it is
standard practice for a rights owner to substantially increase the
licence fee if there is an infringement – it is always more
cost effective in the long run to licence the rights appropriately
at the beginning of the process.

Do I need to worry about my campaign if it is just
on-line? Could the Cybercrime law relate to advertising?

On-line campaigns must still comply with all
the laws that relate to advertising. In addition the
Cybercrime law may become relevant if there was a criminal aspect
in broadcasting an advert. For example, gambling is prohibited in
the UAE and, under the cybercrime laws, the advertising of gambling
on-line would lead to severe penalties. When it comes to
publication in any media it is important to take a
'helicopter' view and be aware of all potential pitfalls
including potential criminal implications.

Sanctions for violating the advertisement laws and
regulations

Companies spend so much time and expense on
their advertisement to support the promotion of their
brand. Financial penalties and potentially adverse PR
will certainly undermine these efforts and thus advertisers should
avoid unconsciously violating regulations. Failure to do so may
mean spending money and creative effort on an advertisement which
could be banned from media outlets.

As an example of the range of sanctions that
are available in the case of a violation of the regulations, the
National Media Council has the right to require any of the
following actions from the advertiser in question:

warning;

suspension of the advertisement and apology;

the removal of the damage resulted from the violation;

apply to close down the establishment or shop;

suspension of the licenses of the media outlet for the period
deemed appropriate by the Council; and/or

cancellation of the license granted to the media outlet.

In conclusion, all content that is available
to the general public must be rigorously vetted in order to ensure
that it is compliant with the law, the regulations and as the
principles and standards of within the wider community.
Anything less will be potentially crippling to the advertiser and
could lead to damage to the brand's reputation in the
marketplace.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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